[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as Title 4, Ch. 5 of the 1988 Code. Amendments noted where
applicable.]
A.
Purpose and definition. In order to protect the parks,
parkways, recreational facilities and conservancy areas within the
Village from injury, damage or desecration, these regulations are
enacted. The term "park," as hereinafter used in this chapter, shall
include all grounds, structures and watercourses which are or may
be located within any area dedicated to the public use as a park,
parkway, recreation facility or conservancy district in the Village.
B.
Specific regulations.
(1)
Littering prohibited. No person shall litter, dump
or deposit any rubbish, refuse, earth or other material in any park.
(2)
Sound devices. No person shall operate or play any
amplifying system unless specific authority is first obtained from
the Village Board.
(3)
Pets. No person shall permit any dog, cat or other
pet owned by him to run at large in any park.
(4)
Bill posting. No person shall post, paste, fasten,
paint or attach any placard, bill, notice, sign or advertising matter
upon any structure, tree or other natural object in any park, except
park regulations and other signs authorized by the Village Board.
(5)
Throwing stones and missiles prohibited. No person
shall throw stones or other missiles in or into any park.
(6)
Removal of park equipment prohibited. No person shall
remove benches, seats, tables or other park equipment from any park.
(7)
Trapping. No person shall trap in any park unless
specific written authority is first obtained from the Village Board.
(8)
Making of fires. No person shall start, tend or maintain
a fire except in personal grills or designated fireplaces. Personal
grills shall be used only in designated picnic areas. The use of personal
grills is permitted, provided lawns and vegetation are not endangered.
Unburned fuel and ashes shall be disposed of in such a manner as to
prevent fire or damage to any park property.
(9)
Protection of park property. No person shall kill,
injure or disturb or attempt to injure or disturb waterfowl, birds
or animals, wild or domestic, within any park. No person shall climb
any tree or remove flowers or fruit, wild or cultivated, or break,
cut down, trample upon, remove or in any manner injure, deface, write
upon or ill use any tree, shrub, flower, flower bed, turf, soil, sand,
fountain, ornament, building, structure, apparatus, bench, table,
official notice, sign or other property within any park or any of
the facilities of the municipal swimming pool.
(10)
Motorized vehicles. Except for authorized maintenance
vehicles, no person shall operate an unlicensed or licensed motorized
vehicle outside of areas specifically designated as parking areas
or areas where the operation of such vehicles is specifically permitted.
Motor vehicles are restricted to the roads and drives and parking
areas. No motor vehicles of any nature may be used on the seeded areas
except vehicles which have a Village Board authorization for shows,
rides or exhibits and then only for the purpose of loading and unloading.
(11)
Snowmobiles. No person shall operate a snowmobile
in a Village park except in designated areas.
(12)
Speed limit. No person shall operate any vehicle
in a Village park in excess of 15 miles per hour unless otherwise
posted.
(13)
Glass beverage bottles in parks prohibited.
No person shall possess any glass beverage bottle within the limits
of the parks of the Village.
(14)
Reckless driving in parks prohibited. No person
shall operate a motor vehicle in a reckless manner in any of the public
parks of the Village.
(15)
Parking in parks. No person shall park any motor
vehicle in any park in the Village except in a designated parking
area.
(16)
Horse and carriages. No person shall ride a
horse or drive a horse-driven vehicle in any park, except on roads
or designated bridle paths, except when approval of the Village Board
is first obtained. It shall be unlawful for any person to ride a horse
or drive a horse-drawn vehicle in a careless, negligent or reckless
manner which may endanger the safety and well-being of others.
(17)
Removing tree protectors. No person shall remove
any device for the protection of trees or shrubs.
(18)
Golfing. No golfing or practicing golf in Village
parks or recreation areas shall be allowed except with the use of
a whiffle ball.
(19)
Arrows. No person shall use or shoot any bow
and arrow in any Village park, except in authorized areas.
No person shall fly a radio-controlled model
airplane in any park in the Village except in areas specifically designated
and posted for such purpose.
Except as authorized by the Village Board, no
person shall dig into the turf of any Village-owned property for any
purposes whatsoever. Absent authorization by the Village Board, the
use of metal detectors and digging for buried objects on Village property,
except beaches where no vegetation is present, is prohibited.
A.
Policy on reservations. The Village-owned park and
park facilities and shelter areas are primarily for the nonexclusive
use of the residents and visitors of the Village. However, under proper
circumstances, exclusive use of the same or parts thereof may be permitted.
This section is intended to regulate exclusive use of municipally-owned
parks, park facilities, park shelters or parts thereof in the Village
to the end that the general welfare of the Village is protected.
B.
Reservation of park space. A person or group, firm,
organization, partnership or corporation may reserve the use of a
park facility or a park shelter. The Village office shall issue permits
for exclusive use of a portion of a park or a park shelter, while
the Village Board shall issue permits for the exclusive use of Village
parks. Rental fees will be set by the Village Board.[1]
C.
Application. Applications shall be filed with the
Village Clerk/Treasurer at least 14 days prior to the date on which
the exclusive use of the entire park is requested or at least three
days prior to the date on which a park shelter or a portion of a park
is to be used, and shall set forth the following information regarding
the proposed exclusive use:
(1)
The name, address and telephone number of the applicant.
(2)
If the exclusive use is proposed for a group, firm,
organization, partnership or corporation, the name, address and telephone
number of the headquarters of the same and the responsible and authorized
heads or partners of the same.
(3)
The name, address and telephone number of the person
who will be responsible for the use of the said park, area or facility.
(4)
The date when the exclusive use is requested and the
hours of the proposed exclusive use.
(5)
The anticipated number of persons to use the said
park, area or facility.
(6)
Any additional information which the Village Board
or Clerk/Treasurer finds reasonably necessary to a fair determination
as to whether a permit should be issued.
D.
All applicants for reservation of park space or shelters
for which a permit is required shall pay a deposit as set by the Village
Board to pay for the Village's maintenance and cleanup expenses. The
deposit shall be returned if cleanup or repair by the Village is not
required.[2]
E.
Action of application. The Village Board or appropriate
committee thereof shall act promptly on all applications for permits
for exclusive park use (not shelter use) after consulting with the
applicant if necessary.
F.
Reasons for denial. Applications may be denied for
any of the following reasons:
(1)
If it is for a use which would involve a violation
of federal or state law or any provision of this Code.
(2)
If the granting of the permit would conflict with
another permit already granted or for which application is already
pending.
(4)
The application is made less than the required days
in advance of the scheduled exclusive use.
(5)
If it is for a use of the park or park facility at
a date and time when, in addition to the proposed use, anticipated
nonexclusive use by others of the park or park facility is expected
and would be seriously or adversely affected.
(6)
If the law enforcement requirements of the exclusive
use will require so large a number of persons as to prevent adequate
law enforcement to the park, park facility or shelter area involved
or of the rest of the Village.
(7)
The exclusive use will reasonably create a substantial
risk of injury to persons or damage to property.
(8)
The exclusive use is so poorly organized that participants
are likely to engage in aggressive or destructive activity.
G.
Indemnification. Prior to granting any permit for
exclusive use of the park, the Village may require the permittee to
file evidence of good and sufficient sureties, insurance in force
or other evidence of adequate financial responsibility, running to
the Village and such other third parties as may be injured or damaged,
in an amount, depending upon the likelihood of injury or damage as
a direct and proximate result of the exclusive use, sufficient to
indemnify the Village and such third parties as may be injured or
damaged thereby, caused by the permittee, its agents or participants.
H.
Permit not required for Village activity. A permit
is not required for exclusive use of the park or a park facility sponsored
by the Village.
I.
Permit revocation. The Village Board and/or Village
Clerk/Treasurer after granting a permit may revoke a permit already
issued if it is deemed that such action is justified by an actual
or potential emergency due to weather, fire, riot other catastrophe
or likelihood of a breach of the peace or by major change in the conditions
forming the basis of the issuance of the permit.[3]
J.
Form of permit. Each permit shall be in a form prescribed
by the Village Board and shall designate the park, park facility or
shelter area involved, date, hours of the exclusive use, purpose of
the exclusive use and the name of the person, group, firm, organization,
partnership or corporation to which the permit is issued.
[Added 5-2-1988[1]]
Tarrant Park swim pool shall be closed at all times a certified
lifeguard in the employ of the Village of Cambria is not on duty.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punished as follows: For a violation of
this chapter he shall forfeit a minimum of $25 and a maximum of $200,
together with costs of prosecution and, in default of payment of such
forfeiture and costs of prosecution, shall be imprisoned in the County
Jail until said forfeiture and costs are paid, but not exceeding 90
days.